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North Carolina Motion To Claim Exempt Property - Constitutional Exemptions

State:
North Carolina
Control #:
NC-CV-411
Format:
PDF
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Description

Motion To Claim Exempt Property - Constitutional Exemptions: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

North Carolina excludes from property taxes a portion of the appraised value of a permanent residence owned and occupied by North Carolina residents aged 65 or older or totally and permanently disabled whose 2020 income does not exceed $31,500 annually.

Exemption laws allow you to keep a portion of your property away from your creditors when you can't pay a bill.The protected property is known as exempt property. You'll find a listing of exempt property in your state's exemption statutes.

In North Carolina a judgment accrues 8% interest from the time it is entered. Judgment can be enforced by execution/through Court process. A creditor with a judgment can attempt to use some of your property to pay the judgment. However, the creditor MUST use the Court system before getting access to your property.

You can exempt the following personal property in North Carolina: A total of $5,000 for clothing, household goods, furnishings, appliances, books, and the like, plus an additional $1,000 per dependent up to $4,000 total. (N.C. Gen. Stat.

Exempt property refers to any property that cannot be claimed by creditors in order to satisfy the borrower's debts. Non-exempt property refers to any other property that may be reached by creditors.An example involving exempt property would be when a homeowner has failed to maintain their mortgage payments.

Assets such as IRAs, Roth IRAs, qualified retirement plans, and qualified profit sharing plans are protected under North Carolina law and federal law.

In North Carolina, Section 1-52.1 of the North Carolina Rules of Civil Procedure explains the statute of limitations for debts is 3 years for auto and installment loans, promissory notes, and credit cards.

A lien can be placed on investment property, even if that property is owned jointly by multiple owners. However, the effects of that lien may depend heavily on not only the type of lien, but also the type of ownership under which the joint owners hold the property.

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North Carolina Motion To Claim Exempt Property - Constitutional Exemptions